Do I Really Need a Will or Trust? Common Misconceptions About Estate Planning in Massachusetts

Many Massachusetts residents delay estate planning, believing it’s only necessary for the wealthy or elderly. In truth, every adult—regardless of age, assets, or family structure—should have an estate plan in place. Without one, your loved ones may face unnecessary delays, costs, and confusion after your death or incapacity.

In this article, we address common myths about wills and trusts and explain how a well-crafted estate plan under Massachusetts law can protect you and your family.

Myth #1: “I Don’t Have Enough Assets to Need a Will or Trust”

The reality: Estate planning isn’t about how much you own—it’s about making sure your wishes are honored.

Even if you only own a modest home or a few bank accounts, without a plan, Massachusetts intestacy laws will decide who inherits your property. This often leads to unintended outcomes, especially for unmarried couples, blended families, or those with estranged relatives.

A basic will allows you to:

• Name your beneficiaries

• Appoint a guardian for minor children

• Designate a personal representative (executor)

A trust can provide additional control, especially if you want to avoid probate or protect assets.

Myth #2: “I’m Too Young to Worry About Estate Planning”

The reality: Life is unpredictable. In Massachusetts, if you become incapacitated without proper documents, your loved ones may have to go through the Probate & Family Court to obtain guardianship or conservatorship just to make decisions on your behalf.

Every adult (especially parents, homeowners, and professionals) should have:

• A Durable Power of Attorney for financial decisions

• A Massachusetts Health Care Proxy to appoint someone to make medical decisions

• A HIPAA Release for access to medical information

• A Living Will (optional, but helpful) to express your end-of-life care preferences

Myth #3: “A Will Is Enough—I Don’t Need a Trust”

The reality: In Massachusetts, a will must go through probate—a public court process that can take 6–12 months or longer.

A revocable living trust allows you to:

• Avoid or minimize probate in Massachusetts

• Maintain privacy for your assets and beneficiaries

• Distribute assets more quickly

• Plan for incapacity by naming a successor trustee

• Manage out-of-state property (e.g., vacation homes)

While not everyone needs a trust, it can be a smart strategy for those who own real estate, have children, or want to streamline estate administration.

Myth #4: “My Family Knows What I Want—They’ll Handle It”

The reality: Without legally binding documents, your family may have no authority to act, even with the best intentions. Worse, disagreements can lead to costly and painful litigation in the Suffolk, Middlesex, or other local Probate & Family Courts.

Verbal instructions and handwritten notes are not substitutes for a valid will or trust under Massachusetts law. A proper plan ensures your voice is heard and your loved ones are protected.

Myth #5: “Estate Planning Is Too Complicated or Expensive”

The reality: A thoughtfully prepared estate plan is far more affordable than the cost—financial and emotional—of court intervention after death or incapacity.

Working with an experienced Massachusetts estate planning attorney ensures:

• Your documents meet state-specific requirements

• Your plan reflects your family, financial, and healthcare priorities

• You avoid common pitfalls with online templates that don’t comply with Massachusetts law

So, Do You Really Need a Will or Trust in Massachusetts?

If you own property, have children, care about how your assets are distributed, or want to ease the burden on your family—you do.

Whether your needs are simple or complex, a Massachusetts-based estate plan gives you:

• Peace of mind

• Legal protection for your loved ones

• Control over your healthcare and legacy

Let’s Build Your Plan—Together

At Ghazal Law, PLLC, we help Massachusetts residents create custom estate plans tailored to their lives and goals. From simple wills to comprehensive trust-based plans, we’re here to guide you with clarity and care.

Schedule your free consultation today and take the first step in protecting what matters most.